Supreme Court takes no action yet on same-sex marriage appeals

By Bill Mears, CNN Supreme Court Producer

Updated 2126 GMT (0526 HKT) November 30, 2012

Same-sex marriage in the U.S.32 photos

Shante Wolfe, left, and Tori Sisson are cheered Monday, February 9, as they become the first same-sex couple to file their marriage license in Montgomery, Alabama. Federal courts have cleared the way for same-sex marriages in the state.

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Newlyweds Jeff Delmay and Todd Delmay hug during a marriage ceremony in a Miami courtroom on Monday, January 5. Florida began allowing same-sex marriages after a judge -- following similar rulings across the nation -- struck down the state's old law banning such unions.

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Same-sex marriage in the U.S.32 photos

Chad Biggs, left, and his fiance, Chris Creech, say their wedding vows at the Wake County Courthouse in Raleigh, North Carolina, on Friday, October 10, after a federal judge ruled that same-sex marriage can begin there.

From left, plaintiffs Moudi Sbeity; his partner, Derek Kitchen; Kody Partridge; and Partridge's wife, Laurie Wood, celebrate after a news conference in Salt Lake City on Monday, October 6. The U.S. Supreme Court cleared the way for legal same-sex marriages in five more states -- Virginia, Utah, Nevada, Indiana and Wisconsin.

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Abbi Huber, left, and Talia Frolkis exit the City County Building in Madison, Wisconsin, after applying for a marriage license on October 6.

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Rob MacPherson, right, and his husband, Steven Stolen, hug during a news conference at the American Civil Liberties Union in Indianapolis on October 6.

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Mary Bishop, second from left, and Sharon Baldwin, right, celebrate with family and friends following their wedding ceremony on the courthouse steps in Tulsa, Oklahoma, on October 6.

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Jennifer Melsop, left, and Erika Turner kiss after they were married in front of the Arlington County Courthouse in Arlington, Virginia, on October 6.

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Pastor Carol Hill from Epworth United Methodist Church speaks during a marriage-equality ceremony at the Kathy Osterman Beach in Chicago on Sunday, June 1. June 1 marked the first day that all of Illinois' 102 counties could begin issuing marriage licenses to same-sex couples.

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William Roletter, left, and Paul Rowe, right, press close to each other after having their photo taken with their newly acquired marriage certificate Wednesday, May 21, at City Hall in Philadelphia.

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Julie Engbloom, left, and Laurie Brown embrace after they were wed in Portland, Oregon, on Monday, May 19. A federal judge struck down the state's voter-approved ban on same-sex marriage.

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Same-sex marriage in the U.S.32 photos

Jennifer Rambo, right, kisses her partner, Kristin Seaton, after their marriage ceremony in front of the Carroll County Courthouse in Eureka Springs, Arkansas, on Saturday, May 10. Rambo and Seaton were the first same-sex couple to be granted a marriage license in Eureka Springs after a judge overturned Amendment 83, which banned same-sex marriage in Arkansas.

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Same-sex couples get their marriage licenses at the Oakland County Courthouse in Pontiac, Michigan, on Saturday, March 22, a day after a federal judge overturned Michigan's ban on same-sex marriage.

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Same-sex marriage in the U.S.32 photos

Utah state Sen. Jim Dabakis, left, and Stephen Justesen acknowledge the crowd after being married in Salt Lake City in December 2013.

Hawaiian Gov. Neil Abercrombie, left, and former Sen. Avery Chumbley celebrate with a copy of the Star-Advertiser after Abercrombie signed a bill legalizing same-sex marriage in Hawaii in November 2013.

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Same-sex marriage in the U.S.32 photos

Newark, New Jersey, Mayor Cory Booker officiates a wedding ceremony for Joseph Panessidi and Orville Bell at City Hall in October 2013. The state Supreme Court denied the state's request to prevent same-sex marriages temporarily, clearing the way for same-sex couples to marry.

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Same-sex marriage in the U.S.32 photos

A couple celebrates at San Francisco City Hall upon hearing about the U.S. Supreme Court rulings on same-sex marriage in June 2013. The high court cleared the way for same-sex couples in California to resume marrying after dismissing an appeal on Proposition 8 on jurisdictional grounds. The court also struck down a key part of the Defense of Marriage Act, a 1996 federal law defining marriage as between a man and a woman.

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At the state Capitol in St. Paul, Minnesota, Gov. Mark Dayton signs a bill legalizing same-sex marriage in May 2013.

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Delaware Gov. Jack Markell holds up legislation in May 2013 allowing same-sex couples to wed in the state.

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Rhode Island state Sen. Donna Nesselbush, right, embraces a supporter after the Marriage Equality Act was signed into law at the statehouse in Providence in May 2013.

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Jamous Lizotte, right, and Steven Jones pose for photos while waiting for a marriage license in Portland, Maine, in December 2012.

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Maryland Gov. Martin O'Malley, center, shakes hands with Senate President Thomas V. "Mike" Miller after signing a same-sex marriage bill in March 2012. The law was challenged, but voters approved marriage equality in a November 2012 referendum.

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Washington Gov. Chris Gregoire celebrates after signing marriage-equality legislation into law on February 13, 2012. Voters there approved same-sex marriage in November 2012.

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Phyllis Siegel, right, kisses her wife, Connie Kopelov, after exchanging vows at the Manhattan City Clerk's office on July 24, 2011, the first day New York's Marriage Equality Act went into effect.

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In 2010, television reporter Roby Chavez, right, shares a moment with gay rights activist Frank Kameny during Chavez and Chris Roe's wedding ceremony in the nation's capital. Same-sex marriage became legal in Washington in March 2010.

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Olin Burkhart, left, and Carl Burkhart kiss on the steps of the New Hampshire Capitol in January 2010 after the state's law allowing same-sex marriage went into effect.

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Maine state Sen. Dennis Damon, left, hands Gov. John Baldacci the bill that the state Senate passed in May 2009 to affirm the right of same-sex couples to marry.

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Amy Klein-Matheny, left, and her wife, Jennifer, exchange vows in Iowa after same-sex couples were allowed to marry there with a court ruling in April 2009.

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Michael Miller, left, and Ross Zachs marry on the West Hartford Town Hall steps after same-sex marriages became legal in Connecticut on November 12, 2008.

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Lara Ramsey, left, and her partner of eight years, Jane Lohmann, play with their 7-month-old son, Wyatt Ramsey-Lohmann. The two wed in 2004 after Massachusetts approved same-sex marriage. Massachusetts was the first state to do so.

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Story highlights

Justices held closed-door meeting to decide whether to hear appeal

Unclear, but justices could need more time; next meeting Dec. 7

Some states have approved same-sex marriage; while others have banned it

Court again could be at center of case with huge social, legal and political stakes

The Supreme Court took no action Friday on a pending series of appeals over the divisive issue of same-sex marriage.

The justices had a closed-door conference to consider whether to accept for review several challenges to federal and state laws restricting the ability of gay and lesbian couples to legally wed.

But the court, without explanation, had nothing to report on the pending appeals. It was perhaps a sign it needed more time to consider the complex legal and constitutional questions.

If the high court has merely delayed consideration of the same-sex marriage cases, it may be prepared to revisit them as early as next Friday, when the justices hold another private conference.

The political, social, and legal stakes of this long-simmering debate would once again put the high court at the center of national attention, a contentious encore to its summer ruling upholding the massive health care reform law championed by President Barack Obama.

Photos: Supreme Court cases that changed America 17 photos

Photos: Supreme Court cases that changed America17 photos

Supreme Court cases that changed America – Hollingsworth v. Perry (2013): The Supreme Court dismissed an appeal over California's Proposition 8 on jurisdictional grounds. The voter-approved ballot measure barring same-sex marriage was not defended by state officials, but rather a private party. This ruling cleared the way for same-sex marriage in California to resume, but left open-ended the legal language of 35 other states barring same-sex marriage. Take a look at other important cases decided by the high court.

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Photos: Supreme Court cases that changed America17 photos

Supreme Court cases that changed America – United States v. Windsor (2013): When her wife died in 2009, Edith Windsor, 84, was forced to pay hundreds of thousands of dollars in estate taxes because her marriage was not recognized by the federal government's Defense of Marriage Act of 1996. The Supreme Court struck down the part of the law which denied legally marriage same-sex couples the same federal benefits provided to heterosexual spouses.

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Photos: Supreme Court cases that changed America17 photos

Supreme Court cases that changed America – National Federation of Independent Business v. Sebelius (2012): The Supreme Court upheld most of the Affordable Care Act, the Obama administration's health care reform law, on June 28, 2012. The decision determined how hundreds of millions of Americans will receive health care.

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Supreme Court cases that changed America – Citizens United v. Federal Election Commission (2010): Activists rally in February 2012 to urge the Supreme Court to overturn its decision that fundamentally changed campaign finance law by allowing corporations and unions to contribute unlimited funds to political action committees not affiliated with a candidate.

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Photos: Supreme Court cases that changed America17 photos

Supreme Court cases that changed America – Texas v. Johnson (1989): The Supreme Court overturned the decision that convicted Gregory Lee Johnson of desecrating a venerated object after he set an American flag on fire during a protest. The court ruled that Johnson (at right with his lawyer, William Kunstler) was protected under the First Amendment right to freedom of speech.

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Supreme Court cases that changed America – United States v. Nixon (1974): When President Richard Nixon claimed executive privilege over taped conversations regarding the Watergate scandal, the Supreme Court ruled that he had to turn over the tapes and other documents. The ruling set a precedent limiting the power of the president of the United States.

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Supreme Court cases that changed America – Roe v. Wade (1973): Norma McCorvey, identified as "Jane Roe," sued Dallas County District Attorney Henry Wade over a law that made it a felony to have an abortion unless the life of the mother was in danger. The court agreed with Roe and overruled any laws that made abortion illegal in the first trimester. Here, McCorvey, left, stands with her attorney Gloria Allred in 1989.

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Photos: Supreme Court cases that changed America17 photos

Supreme Court cases that changed America – Miranda v. Arizona (1966): Ernesto Miranda confessed to a crime without the police informing him of his right to an attorney or right against self-incrimination. His attorney argued in court that the confession should have been inadmissible, and in 1966, the Supreme Court agreed. The term "Miranda rights" has been used since.

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Photos: Supreme Court cases that changed America17 photos

Supreme Court cases that changed America – Gideon v. Wainwright (1963): The Supreme Court overturned the burglary conviction of Clarence Earl Gideon after he wrote to the court from his prison cell, explaining he was denied the right to an attorney at his 1961 trial.

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Supreme Court cases that changed America – Mapp v. Ohio (1961): The Supreme Court overturned the conviction of Dollree Mapp because the evidence collected against her was obtained during an illegal search. The ruling re-evaluated the Fourth Amendment, which protects citizens against unreasonable searches and seizures.

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Photos: Supreme Court cases that changed America17 photos

Supreme Court cases that changed America – Brown v. Board of Education (1954): Nathaniel Steward recites his lesson surrounded by white classmates at the Saint-Dominique School in Washington. In Brown v. Board of Education, the Supreme Court ruled that it was unconstitutional to separate students based on race.

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Photos: Supreme Court cases that changed America17 photos

Supreme Court cases that changed America – Korematsu v. United States (1944): Fred Korematsu, a Japanese-American man, was arrested after authorities found out that he claimed to be a Mexican-American to avoid an internment camp during World War II. The court ruled that the rights of an individual were not as important as the need to protect the country during wartime. In 1998, President Bill Clinton awarded Korematsu the Presidential Medal of Freedom.

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Photos: Supreme Court cases that changed America17 photos

Supreme Court cases that changed America – Plessy v. Ferguson (1896): Homer Plessy was arrested when he refused to leave a whites-only segregated train car, claiming he was 7/8 white and only 1/8 black. The Supreme Court ruled that "separate but equal" facilities for blacks were constitutional, which remained the rule until Brown v. Board of Education in 1954.

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Photos: Supreme Court cases that changed America17 photos

Supreme Court cases that changed America – Dred Scott v. Sandford (1857): When Dred Scott asked a circuit court to reward him his freedom after moving to a free state, the Supreme Court ruled that Congress didn't have the right to prohibit slavery and, further, that those of African-American descent were not protected by the Constitution.

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Supreme Court cases that changed America – Gibbons v. Ogden (1824): This was the first case to establish Congress' power to regulate interstate commerce. The ruling signaled a shift in power from the states to the federal government. Aaron Ogden, seen here, was given exclusive permission from the state of New York to navigate the waters between New York and certain New Jersey ports. When Ogden brought a lawsuit against Thomas Gibbons for operating steamships in his waters, the Supreme Court sided with Gibbons.

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Supreme Court cases that changed America – McCulloch v. Maryland (1819): In response to the federal government's controversial decision to institute a national bank in the state, Maryland tried to tax the bank out of business. When a federal bank cashier, James W. McCulloch, refused to pay the taxes, the state of Maryland filed charges against him. In McCulloch v. Maryland, the Supreme Court ruled that chartering a bank was an implied power of the Constitution. The first national bank, pictured, was created by Congress in 1791 in Philadelphia.

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Supreme Court cases that changed America – Marbury v. Madison (1803): When Secretary of State James Madison, seen here, tried to stop Federal loyalists from being appointed to judicial positions, he was sued by William Marbury. Marbury was one of former President John Adams' appointees, and the court decided that although he had a right to the position, the court couldn't enforce his appointment. The case defined the boundaries of the executive and judicial branches of government.

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EXPAND GALLERY

Today's Supreme Court 10 photos

Today's Supreme Court10 photos

The justices of the U.S. Supreme Court sit for their official photograph on October 8, 2010, at the Supreme Court. Front row, from left: Clarence Thomas, Antonin Scalia, Chief Justice John G. Roberts, Anthony M. Kennedy and Ruth Bader Ginsburg. Back row, from left: Sonia Sotomayor, Stephen Breyer, Samuel Alito Jr. and Elena Kagan.

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John G. Roberts – In 2005, Chief Justice John G. Roberts was nominated by President George W. Bush to succeed Justice Sandra Day O'Connor as an associate justice. After Chief Justice William Rehnquist died, however, Bush named Roberts to the chief justice post. The court has moved to the right during his tenure, although Roberts supplied the key vote to uphold President Barack Obama's Affordable Care Act.

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Antonin Scalia – Justice Antonin Scalia was appointed by President Ronald Reagan in 1986 to fill the seat vacated by Justice William Rehnquist when he was elevated to chief justice. A constitutional originalist -- and a colorful orator -- Scalia is a member of the court's conservative wing. He is currently the court's longest-serving justice.

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Anthony M. Kennedy – Justice Anthony M. Kennedy was appointed to the court by President Ronald Reagan in 1988. He is a conservative justice but has provided crucial swing votes in many cases, writing the majority opinion, for example, in Lawrence v. Texas, which struck down that state's sodomy law.

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Clarence Thomas – Justice Clarence Thomas is the second African-American to serve on the court, succeeding Justice Thurgood Marshall when he was appointed by President George H. W. Bush in 1991. He is a conservative, a strict constructionist who supports states' rights.

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Ruth Bader Ginsburg – Justice Ruth Bader Ginsburg is the second woman to serve on the Supreme Court. Appointed by President Bill Clinton in 1993, she is a strong voice in the court's liberal minority.

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Stephen G. Breyer – Justice Stephen G. Breyer was appointed to the court in 1994 by President Bill Clinton. He is considered a member of the court's liberal minority.

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Samuel A. Alito Jr. – Justice Samuel A. Alito Jr. was appointed by President George W. Bush in 2006 and is known as one of the most conservative justices to serve on the court in modern times.

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Sonia Sotomayor – Justice Sonia Sotomayor is the court's first Hispanic and third female justice. She was appointed by President Barack Obama in 2009 and is regarded as a resolutely liberal member of the court.

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Elena Kagan – Justice Elena Kagan is the fourth female justice and a member of the court's liberal wing. She was appointed in 2010, at the age of 50, by President Barack Obama and is the court's youngest member.

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EXPAND GALLERY

Three separate issues on same-sex marriage confront the justices, including federal benefits, state benefits and state referendums.

Although there was no certainty the court was prepared to announce it would be tackling the issue, there was building anticipation among advocacy groups on both sides of the debate.

The Boston-based Gay & Lesbian Advocates & Defenders had set up temporary offices in a building next door to the high court to await word. Officials there privately expressed a measure of anxiety as the hours passed with no announcement.

The organization represents a broad group of gay and lesbian individuals and families in New England who were denied a range of federal benefits under the federal Defense of Marriage Act, or DOMA.

For federal purposes under the 1996 law, marriage is defined as only between one man and one woman. That means federal tax, Social Security, pension, and bankruptcy benefits, and family medical leave protections -- do not apply to gay and lesbian couples.

Earlier this month, voters in Maryland, Washington, and Maine approved same-sex marriage, adding to the six states and the District of Columbia that already have done so. Minnesota voters also rejected an effort to ban such unions through a constitutional amendment.

The court on Friday did accept for review two unrelated cases, including an appeal of whether human genes are patentable.